Faber v. Semel Realty Corp.

This is a motion by the defendant for summary judgment dismissing the complaint, and for an order granting such judgment on its counterclaim. The action was instituted by the plaintiff to rescind a written contract for the purchase of real property on the ground that the plaintiff ‘‘ Upon information and belief * * * did not possess sufficient mind to understand the nature and effect of said agreement and * * * was mentally incompetent” at the time of signing the contract. The defendant has counterclaimed for specific performance of the agreement.

The rule has always been that to defeat a…